US Presidency- Enumerated/Formal Powers

Which Article of the constitution outlines the powers of the executive/Presidency?

Article II

What are the enumerated powers of the President?

Head of the Executive, Head of State, Commander-in-chief of the Armed Forces, power to pardon, nomination of justices/executive officials/ambassadors, negotiating treaties, State of the Union address, receiving ambassadors/public ministers, the veto, convening congress for special meetings

Example of unilateral usage of 'commander in chief' powers:

Obama entering Libya w/ an international coalition in 2011 to protect Libyan citizens without Congressional approval

Factors allowing an expansion of the President's military powers:

Increased military action in the world, more urgency needed, expertise needed, big foreign policy role

How does being head of the executive imbue power to the President?

Gives them total control over a large bureaucracy, they have access to a lot of resources and expertise to make policy happen

How did Obama evade the War Powers Resolution 1973 for Libya?

He argued that it didn't count because there was not a deployment of US ground forces (WPR is weak)

Example of the power to pardon:

Obama gives over 1000 commutations to drug offenders impacted by the war on drugs and 212 pardons near the end of his Presidency

Example of the power to nominate justices:

Trump nominates three very conservative justices during his Presidency: Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh

How many times has Congress officially declared war?

Eleven (little), there have been more than eleven wars participated in by America

How is the 'State of the Union' speech a source of power?

Allows the President to outline a legislative/policy agenda which can influence Congress to focus on those areas

How many people did Roosevelt pardon?

3687

What was established by the 1973 War Powers Resolution?

That Presidents can unilaterally engage the military BUT after 60 days Congressional approval is needed, if they fail to receive this they must withdraw troops in 30 days-- limits commander in chief power

Negotiation of Treaties: Paris Agreement

Obama enters the Paris Agreement for climate change in 2015, Trump then withdraws the US from the Paris Agreement and Biden then reenters the US to the Paris Agreement through an executive order during his first few days in office

How is receiving ambassadors/public ministers a source of power?

Can allow Presidents to recognise other countries/establish international relationships

Example of a President using the power to receive ambassadors:

1948 Truman uses this power to be the first country to recognise Israel as a legitimate state

What are recess appointments?

Appointments to a federal position made which Congress is in recess, these are not subject to the Senate's approval

Example of recess appointments:

Bush made 171 recess appointments, Obama made 32 recess appointments

NLRB v Canning 2014

The SCOTUS unanimously votes that Obama could not make recess appointments because the recess was too short- limits the power of recess appointments

Are vetoes rare?

Yes- the President wants to maintain positive relationships with Congress

What is a pocket veto?

When the President refuses to sign a bill within 10 days of Congress adjourning- this entirely kills off the bill and it must be introduced all over again

Example of a pocket veto:

Clinton pocket vetoes the 2000 Bankruptcy Reform Act

Example of Presidential veto:

Clinton vetoes the 1995 Partial Birth Abortion Ban Act after it passes both houses of Congress

Clinton v New York 1998

Rules line-item vetoes unconstitutional- limits the Presidential power of veto

Example of the Senate rejecting a federal appointment:

John Towers rejected from his nomination to Secretary of Defence because of scandal surrounding alcoholism and finances

How many of Nixon's judicial appointments were rejected?

2 were rejected because of Democrat refusal

Presidential power to adjourn Congress in special circumstances:

Very limited and has never happened (although Trump threatened it), the President can only adjourn Congress when there's disagreement on an adjournment date

Limits on the Presidential power to pardon:

President can not pardon state crimes or impeachment-- Trump would not be able to pardon himself for his Georgia election fraud crimes if he's found guilty